1st Circ. Says Challenge To Rx Eyedropper Size Preempted

Law360 (August 27, 2018, 7:30 PM EDT) -- The First Circuit ruled Monday that glaucoma, allergy and other ophthalmic patients in Massachusetts and New York aggrieved by prescription eyedrop bottles that allegedly waste medication cannot sue manufacturers under state laws, affirming the dismissal of the third major class action to challenge eyedropper designs in recent years.

A three-judge appellate panel decided it was plausible the named members of a purported class had overpaid for eyedrops, but concluded their calls for bottle modifications fall within the purview of the U.S. Food and Drug Administration.

The claims originally filed in Massachusetts federal court were preempted and could not proceed, the First...

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